Opinion
No. 4D09–2371.
2011-08-31
Harold GOVONI, Petitioner,v.STATE of Florida, Respondent.
Petition for writ of prohibition to the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jonathan D. Gerber, Judge; L.T. Case No.2008CF005204.Paul Morris of Law Offices of Paul Morris, P.A., Miami, and William D. Matthewman of Seiden, Alder, Matthewman & Bloch, P.A., Coral Springs, for petitioner.
No appearance for respondent.
ON REMAND FROM THE SUPREME COURT OF FLORIDA
PER CURIAM.
We reconsider on remand our opinion in Govoni v. State, 17 So.3d 809 (Fla. 4th DCA 2009), which was quashed by the Florida Supreme Court following its decision in Govoni v. State, 67 So.3d 1048 (Fla.2011). As ordered by the Supreme Court, we apply its decision in Dennis v. State, 51 So.3d 456 (Fla.2010), approving Peterson v. State, 983 So.2d 27 (Fla. 1st DCA 2008), to the facts of this case. Accordingly, we grant the petition for writ of prohibition and direct the trial court to follow the procedure set forth in Dennis.
Petition Granted.
GROSS, HAZOURI and DAMOORGIAN, JJ., concur.